Bonum Certa Men Certa

Thomas Massie's “Restoring America’s Leadership in Innovation Act of 2018” (RALIA) Would Put the US Patent System in the Lions' (or Trolls') Mouth Again

Patent maximalism would gradually corrode if not doom the patent system, making US patents obsolete and lawsuits frivolous

3 big cats



Summary: An anti-€§ 101 and anti-PTAB bill from Rep. Thomas Massie (R-KY) strives to remove quality control; but by handing the system back to patent trolls he and his proponents simply strive to create more business of litigation, at the expense of innovation

THE Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), typically affirmed by the Federal Circuit and largely defended by management of the USPTO, which is more than just Iancu, is a little bit like the appeal boards at the EPO. The job of PTAB is assuring quality of patents. PTAB is used to stop or prevent frivolous patent litigation with abstract patents -- something which increasingly happens in Europe, as we've just noted.



Earlier this month PTAB accomplished the following thing, which was celebrated yesterday by Unified Patents. Mr. Jain wrote:

On August 3, 2018, the Patent Trial and Appeal Board (PTAB) terminated IPR2017-01672 pursuant to a joint request filed by Quantum Stream Inc. (a subsidiary of XpresSpa, AKA Form Holdings) and Unified Patents. U.S. Patent 9,047,626, the subject of the IPR petition, relates to systems for delivering content, such as a digital video program, to a user device.


This is seemingly a software patent. It should not have been granted. But patent maximalists beg to differ; they mislead the media and mislead politicians about this. Only days ago Odessa American celebrated with the "Cult of Patents" as if "innovation" and "patent" (monopoly) are the same thing (see "Marketing Evolution Awarded Patent Recognition for Latest Innovation"), not to mention spin with "Smart...Smart...Smarter" in headlines such as this new article's headline. Sadly, these patent maximalists still have a grip on the media. Rep. Thomas Massie wants to make a mess of the US patent system [1, 2, 3] and the media helps him promote his new bill, “Restoring America’s Leadership in Innovation Act of 2018” (RALIA). It's a misnomer (should say "Litigation", not "Innovation"), as Josh Landau (CCIA) has just explained, arguing that "RALIA Would Take Us Back To The Patent Law Stone Age" because:

At the end of June, Rep. Thomas Massie (R-KY) introduced the “Restoring America’s Leadership in Innovation Act of 2018,” H.R. 6264 (RALIA). RALIA, rather than restoring American innovation, aims to overturn the advances in American patent law that help protect innovation. Last week, I addressed Rep. Rohrabacher’s ‘Inventor Protection Act’ (IPA) [1][2], and I’ve previously covered the STRONGER Patents Act[1][2]. Now we can turn to the third member of this group of anti-innovation bills, RALIA.

Here’s the gist of it. The AIA? Gone. Decades of court decisions fine-tuning the balance between the patent reward and the impacts of the government-granted monopoly that a patent represents? Gone. RALIA even gets rid of the 18 month publication rule, which makes no sense if you want to promote progress—it only matters when it comes to promoting patents, a fact the bill actually admits.

[...]

RALIA includes an amendment to €§ 101 as well. This amendment appears to be based on the IPO and AIPLA proposals, which Patent Progress has covered in the past.[1][2]. The basic idea? Let’s make everything patentable, no matter if it would prevent anyone from accessing a basic scientific building block or represents nothing more than an abstract idea stripped of any structure.

These proposals come from interest groups that claim that €§ 101 “is not meant to provide the standard for deciding whether a particular technical advance should receive patent protection.” But that statement is wrong—that’s exactly what €§ 101 is for. And I’m not alone in this view. Back in June, USPTO Director Andrei Iancu agreed, describing €§ 101 as a determination of “what specifically, as a country, do we want to exclude from patenting.” There’s active discussion on what falls into that category, but it simply isn’t serious for AIPLA to suggest that €§ 101 isn’t intended to prevent certain types of patents.

As Patent Progress stated when these proposals first came out, they don’t promote progress, just patents that will block basic research and overbroad patents that claim an abstract idea. The only beneficiaries will be those who assert low-quality patents; it certainly won’t benefit progress of the useful arts.


RALIA is still being promoted in some media circles, we're assuming at the behest of law firms. Those who value innovation in the US know that PTAB and €§ 101 aren't the problems; they're part of the solution.

Recent Techrights' Posts

Links 15/04/2026: Geelong Corio Refinery Fire, Journalist Sentenced for "Insulting the President"
Links for the day
Gemini Links 15/04/2026: Organiding .bashrc with Imports, Oddμ as SSG
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 14, 2026
IRC logs for Tuesday, April 14, 2026
The Deleted Article About Mass Layoffs at IBM (April 2026)
Resurrected
Lots of Positive News Lately, Microsoft GitHub in Trouble
it's not too crazy to speculate about GitHub being the next Skype (or CodePlex)
The Register MS Has "Webinars" (Marketing); They're Promoting Ponzi Schemes or Slop But Disguised as "Intelligence"
These "webinars" are just spam displayed to people as if it contains real information
It Was Always About Freedom and Sovereignty (or Self-Determination)
About 24 hours from now Richard Stallman (RMS) will be giving a talk in Texas
Mass Layoffs at IBM Again, Just in Time for the Fake "Results" Next Week
Slopfarm will issue some chaff to give an illusion of journalism
Windows (Microsoft) in Botswana Falls to Another New Low
Botswana is a fairly large country
SLAPP Censorship - Part 47 Out of 200: British Courts Are Not Censorship Offices for Americans Funded by Affluent Third Parties
Solicitors Regulation Authority (SRA) was scrutinised by our government
More Than 6 Months After a Very Close Friend of António Campinos and EPO Official Caught With Cocaine Campinos is Cracking Down on - or Stealing From - EPO Staff
Now they go after the "Education and Childcare Allowance"
Links 14/04/2026: Data Breaches and LLM Slop in Courts
Links for the day
Gemini Links 14/04/2026: Mastodon in the Terminal and a Voxel Engine
Links for the day
Links 14/04/2026: Against US Monopolies in UK, Legal Action Against Twitter
Links for the day
The Solicitors Regulation Authority (SRA) Under Scrutiny Today in the British Government's Meeting, Grilled for Its Failure to Regulate Rogue Law Firms
Things are not improving
The Series About SLAPPs Funded by Third Parties: All Parts Thus Far
index for today
SLAPP Censorship - Part 46 Out of 200: Alex Graveley's Attorney Rick Cofer Did Not Deny That Graveley Had Strangled Women; He Did, However, Pay Local Officials
some background about SLAPPs that began in 2021 very shortly after I wrote about corruption at Microsoft GitHub
The EPO's Attitude Towards Women and Media Silence on EPO Unrest
There's media blackout about very critical matters
Gemini Links 14/04/2026: Greed Versus Stability; Board and Card Games
Links for the day
Links 14/04/2026: Cheeto Loses Defamation Lawsuit Against the Media, "France Takes Its 129 Tonnes of Gold Uut of New York"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 13, 2026
IRC logs for Monday, April 13, 2026
IBM Agrees With Microsoft That Slop is Just for "Entertainment" and "at Your Own Risk"
So what can IBM sell now?
Microsoft Windows "Market Share" in USA Down to 40% According to Government Sites or 31% Overall
The world is changing, so do Americans
SLAPP Censorship - Part 45 Out of 200: Garrett and Graveley Cases Inherently the Same, Their Legal Team Can Barely Even Distinguish (Full Timeline)
"million-dollar men"
Gemini Links 13/04/2026: Pronouns for an LLM, Fakecoins Promotion Piggybacking Iran, "Your Face is Now a Search Query"
Links for the day
Links 13/04/2026: Higher Costs Hurt Both Rich and Poor Country, a "Landslide Win to Oust Orban"
Links for the day
Tens of Thousands of Days of Strike at Europe's Second-Largest Institution, Nobody in the Media Has Mentioned It
Since the "extraordinary general meeting"
SPAM That Mentions "AI" 16 Times (in "Security" Clothing, But Selling Back Doors), a Paid Placement in The Register MS
This will doom the reputation of the publication, The Register MS
At Least 23 Days of EPO Strikes
Why does the media not deem this newsworthy?
Links 13/04/2026: Impersonating ProPublica Reporter, More Attacks on the Press (Occupation With Little and No Compensation, Only High Risk)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 12, 2026
IRC logs for Sunday, April 12, 2026
Gemini Links 13/04/2026: Freiburg, GUIX, and Announcing Satellite Antenna (SA)
Links for the day